Cap. 569 Art. 21Special guardianship order.

(1) Without prejudice to the power of the court to make a child protection order, the court may also, on the application of the guardianship there are relatives of the child, and the court determines that such relatives are competent persons, the court shall give preference to those relatives, subject always to the best interests of the child.

(2) The following persons cannot be appointed special guardians:

(a) persons who have not attained majority;

(b) undischarged bankrupts;

(c) persons who have been sentenced to the punishment of imprisonment for a term exceeding one year, or to any punishment for an offence affecting the good order of families, or for fraud;

(d) persons who are of a notoriously bad character, or manifestly untrustworthy or negligent;

(e) any other person as the court may consider not appropriate in the circumstances of the case.

(3) Before making an order in accordance with sub-article (1), the court shall notify the Agency and the said Agency shall prepare a report to the court on the suitability or otherwise of the applicants to be special guardians.

(4) The court may allocate to the special guardian such parental rights and responsibilities, which it considers necessary for the care of the child. The court shall also determine whether such rights and responsibilities shall be exercised solely by the special guardian to the exclusion of the parents.

(5) In case of disagreement between the parents and the special guardian on matters of particular importance, the parents or the special guardian may apply to the court indicating those directions which he or she considers appropriate in the circumstances. The court, after hearing the parents, the special guardian and the child, if the latter is considered as having sufficient understanding, shall decide upon the issue. In the case of an imminent danger or serious prejudice to the child the special guardian may take such measures which are urgent and cannot be postponed.

(6) It shall be lawful for the court to appoint more than one special guardian for the child. In such case, the court may, either of its own motion or on the demand of one or more of the special guardians, specify the parental responsibilities of each special guardian in relation to the child. The court may also determine whether a special guardian shall have the right to exercise the parental responsibilities assigned to him to the exclusion of all others having parental responsibilities for the child.

(7) Any special guardian so appointed in accordance with this article shall be entitled to such support services as the Minister shall from time to time determine by means of regulations.

(8) The court may suspend or remove a special guardian from his minor.